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alaskaone
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  • Register:12/03/2008 3:25 AM

Date Posted:11/22/2018 3:38 AMCopy HTML

A federal judge dismissed charges Tuesday against several Michigan doctors accused of mutilating the genitals of numerous underage girls, ruling that the federal prohibition against the practice is unconstitutional.

U.S. District Judge Bernard Friedman argued that the 22-year-old federal law prohibiting female genital mutilation (FGM), which went unused until last year, constitutes federal overreach.

“There is nothing commercial or economic about FGM,” Friedman wrote in a 28-page opinion. “FGM is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”

Dr. Jumana Nagarwala was arrested in April 2017 and accused of leading a criminal conspiracy that involved multiple doctors and resulted in the mutilation of nine girls over the course of twelve years. The practice, which is universally recognized as a gross violation of human rights, is traditional among the Dawoodi Bohra, the Muslim sect to which Nagarwala and his co-conspirators belong.

While the judge’s ruling entirely clears four defendants in the case, including three mothers who allegedly handed their underage daughters over to Nagarwala to be mutilated, the remaining defendants still face obstruction charges.


cont... https://www.nationalreview.com/news/michigan-judge-strikes-down-federal-female-genital-mutilation-ban/

If ever there was a temptation to misuse law, surely this is a case where it would be overwhelming.  Maybe what al capone was doing can be considered worse than what these people did.  I can argue that fairly convincingly, I think.  I'm not at ease how capone was jailed... tax evasion.  That absolutely reeks of witch hunting and despiration.


Judge Friedman was right, though.  Mutilation is assault and assault is covered by local and state laws and I'm pretty sure there is a federal law against assault and fleeing across lines.  Isn't that what the damned fbi is for?  Pursuing such creatures across state lines?


I'm no fan of the commerce clause... I think it is an legal obscenity used unethically to expand the power of the federal government far, far beyond what it should be allowed.


But I confess... it would have been pretty tempting to use it against the perps in this case.

Come to the Dark Side. We have cookies. The advantage of insinuations over hard arguments is that they bypass critical thought. No one can respond precisely to a charge that is utterly vague or to accusers who will envelope any reply in a poisonous fog of further insinuations. ~ David Warren, The Guardian There was a time when there was enough freedom that it hardly mattered which brand of crooks ran government. That has not been true for a long time and that captures an important point. The more powerful the government becomes, the more people are willing to do in order to seize the prize, and the more afraid they become when someone else has control. ~ Glenn Harlan Reynolds “The urge to save humanity is almost always only a false-face for the urge to rule it. Power is what all messiahs really seek: not the chance to serve.” ― H.L. Mencken
govols Share to: Facebook Twitter MSN linkedin google yahoo #1
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  • Register:01/17/2010 6:27 PM

Re:Temptation to corruption

Date Posted:11/26/2018 10:03 PMCopy HTML

I'm not saying I agree with the idea, but it seems to be settled law that the general government has power to define medically useful, necessary, nonproductive and/or safe/unsafe procedures. 

alaskaone Share to: Facebook Twitter MSN linkedin google yahoo #2
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Re:Temptation to corruption

Date Posted:11/28/2018 4:25 AMCopy HTML

I'm not saying I agree with the idea, but it seems to be settled law that the general government has power to define medically useful, necessary, nonproductive and/or safe/unsafe procedures. 



Sure.  I'm also aware of the probability that if we attempt to ban female genital mutilation, it probably wouldn't be more than a minute before the anti-circumcision croud shows up banging on the door.

Nickel Share to: Facebook Twitter MSN linkedin google yahoo #3
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  • Register:12/10/2008 12:41 AM

Re:Temptation to corruption

Date Posted:11/29/2018 11:30 PMCopy HTML

So what? If they bang on the door. Medical procedures are everywhere worse than this but they are for life saving reasons. Nothing in this procedure is anything less than castration for a purpose that has nothing to do with saving a life, so much as easing the mind of males and their female accomplices. Women should be allowed, as men always are, to determine the course of their own lives. Prostitution provides a much needed service, and unfaithful partners are dealing with truths we should accept. We don’t have to like it, but the freedom of others is also paramount to us being free. So, suck it up and get on with the life that means the most to all, me myself and I. Leave others to do the same. Nothing wrong with our laws, but those who use them.
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